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2024 Supreme(All) 260

SAMEER JAIN
Satish Chander Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Gopal Misra
For the Opposite Party : R.P.S. Chauhan

JUDGMENT :

1. Dr. S.B. Maurya, learned AGA-I for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off.

2. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Gopal Misra, learned counsel for the applicant, Sri R.P.S. Chauhan, learned counsel appearing on behalf of Union of India and Dr. S.B. Maurya, learned AGA-I for the State.

3. The present anticipatory bail application has been filed on behalf of the applicant to enlarge him on anticipatory bail in Sessions Trial No. 577 of 2020 under Section 447 of the Companies Act arising out of Complaint U/ s 439 (2) R/W, Section 436 (1)(a) & (d) R/W Proviso to Section 212(6) R/ W 212 (14) of the Companies Act, 2013 R/W 621 (1) of the Companies Act, 1956 pending in the Court of Special Judge (Companies Act)/ Additional Sessions Judge, Kanpur Nagar.

Preliminary objections raised by Union of India

4. At the very outset, Sri R.P.S. Chauhan, learned counsel appearing on behalf of Union of India raised following preliminary objections:-

    (a) applicant directly approached this Court for his pre arrest bail under Section 438 Cr.P.C. without approaching

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